Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-07-19
A QUESTION OF COMMON SENSE.
When the Prohibition Amendment viii go
into Eject, If Adopted.
Dallas News

into EneCts II adopted,
Dallas News
GALVESTON, Ten, July 13.-In your
Issue of yesterday you berate The Fort
Worth GAZETTE for holding that the pro-
posed prohibition amendment, by its own
terms, VIII go into effect upon the enaCt-
ment by, the Legislature Of laws providing
for the enforcement of the amendment.
You even say, "THE GAZETTE would cut
g better figure if it would bride
its virtuous zeal sufficiently to better keep
+. within the bounds OF common sense"
1t appears TO me that THE GAZETTE is
not necessarily outside the bounds Of
common sense in holding that the power
that makes Csn modify. The people OF
Texas have the power a. the ballot box to
adopt an entirely new constitution, differ
ing radically from the present one. Why
then do not the people have the power TO
adopt q part of ! constitution, even
though that part conflicts with portions
Of the already existing constitution? /
believe it is g maXiun Ot legal interpre-
tR.ion that when statutes conflict
the newer must hold, as il is the
latest manifestation Of the legislative
mind. AND so, If s neWly-added con-
stitutiOnal amendment conflicts in any
of its features with portions Of pre-
existing constitution, the latter should
hold, il being the latest expression OF the
sovereign mind Of the state-the popular
will expressed in accordance with exist
ing forms. Or, to put it short, the con-
stitution Of to-day says thing is TO be
done one way. The people who made
that constitution say that this particular
thing is TO de done another way. Now
which shall prevail? IT. is the voice Of
the sovereign power in both cases. Shall
the creature Che constitution say TO the
creator the people ~ am greater than
thou?" Again, It is the principle CT
legal Interpretation that G Ia|
must be construed es q whole
so thGt all the parts may stand; end this
amendment is a law (uOt Statute enact
ed by the peoples representatives bu- 8
direct expression Of that higher law thst
proceeds directly from the mouth Of the
people. Now, wins. is this prohibition
amendment when boiled down into & few
words and taken IS g wholeE IL is not
that Intoxicating liquors are not to be
made or sold; but they are not TO be
made or sold after = certain date, /. e.,
the enactment Cf'certain laws by the Leg
isIgture II the amendment is adopted
at ell it will be adopted together, and not
certain parts OF it, and il existing
constitutional provisions are in the way
ne operative clause sweeps them away.
Again, you make much over the idea
that g part of the amendment goes into
effect before the other parts" 1t is not
so. The amendment ss q whole names g
certain time for its going into operation,
and DO part Of the amendment mentions
gnv other time. The amendment as g
whole practically declares that it is not
operative now and will not be until GER
tain laws are enactej, and in this respect
the amendment as G whole is enforced by
not being enforced until the tine de-
clared by itself arrives.
| am told that SUNDAY liquor law"
went into effect not long ago. Il didn't
see it 10 into eject Why didn't that
law 90 into effect sooner (jt Wss passed
ninety DAYS before? Simply because a
part Of that law, according to the News'
| logic, went into effect before the other
| part, snd thus kept the other part from
going into effect. The true logic, how
ever, IS that the prohi5itory part OF the
| "Sunda7 LIQUOR law" was never intended
| to become operative until q certain time
named therein; but the law taken as a
/ the intent of the law gas 8 whole not to
! be operative for ninety days did become
operative at once. II promise TO pay a
q dollar al q certain time, am keeping
nv promise by not paying
it until that time. keep my
promise to pay by not paying till
| the designated time. II pay the dollar
sooner than the time named break my
promise, which WAS to pay him at that
| time, not before it. The amendment IS g
whole says the prohioi.Ory part of it goes
into effect at R certain time, not sooner.
The amendment as q whole goes into
effect st once, and thereby keeps the pro-
hibitor7 part of i: in allegiance until the
designated time In Other words, we
enforce the spirit and letter Of the amend
ment IS g. whole by not enforcing its pro-
! nibitorY part unit, the time named in the
| amendment. 1 cannot think TIE GA
zETTE Is necessarily outside "Jhe bounds
Of common sense' IL holding that the
amendment VIII be enforced by not eL-
forcing il before lis own designated time
Granville.